HomeMy WebLinkAbout1949-12-191
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SELECTMEN'S MEETING
December 19, 1949
A regular meeting of the Board of Selectmen was held
in the -Selectmen's Room, Town Office Building on Monday
evening, December 19, 1949 at 7:00 P. M. Chairman Emery,
Messrs. Gay Driscoll, Nickerson and Hoyt were present.
The Clerk was also-bresent.
Mr. Joseph H. DeFoe, Supt. of Public Werke, met with
the Board and requested permission to purchase gasoline
and diesel oil for 1950. He presented -the members of the
Board with bids received from nine companies and explained
that the Shell Oil Company has been supplying gasoline to.
the Town for eight 4r nine years. He stated that the Shell
Company has been very reliable, always taken care' of the Gas`and
town's requirementsandalso installed three 1,000 gallon Oil for
tanks. He said that he would prefer not to begin doing 1950
business with a small company.
The Chairman inquired as to how much money is involved
in the difference between the low bids and Mr. DeFoe said
that it is $160.
Mr. Driscoll said that the Lincoln Oil Company is not
as large as either the Shell Oil or the Esso.
Mr. Hoyt expressed the opinion that it might be just
as well to give the business to Esso or Shell.
Mr. Driscoll said that personally he thought Shell is
a reliable concern and Mr. Nickerson said that he would
not change companies for the -small amount of money involved.
Upon motion of Mr. Hoyt, seconded byMr. Gay, it was
voted to authorize the Supt. of Public orks to purchase
the 1950 supply of gasoline and diesel oil from the Shell
Oil Company.
Mr. DeFoe reported further on the request for the
acceptance of Theresa •Avenue _and said that he had conferred
with both Jerome Garrity and James Burdick, two property
owners who are not in favor of having the street accepted Theresa
by the town. They both told Mr. Dene very frankly that Avenue
their main objection was the fact that it would be diffi-
cult for them to pay the betterment assessments even
though they were extended over a period of years. These
two individuals feel that there is very little traffic on
this street.
Upon motion of Mr. Driscoll, seconded by Mr. Hoyt,
it was voted to instrnnnt the Supt. of Public Works to
advise the petitioners that the Board is of the opinion
that there is not unanimity enough among the property
owners to justify submitting the street to a Town Meeting
for acceptance.
Further consideration was given to Miss Willard's
request for abatement of the water betterment -assessment:
levied against Lot C, North Street. Mr. DeFbe explained
that the distance involved is 316.53'feet and the amount
490
Willard
water
better-
ment
assess-
ment
• Cataldo
betterment
assessment
Leary
claim
Smart
claim
is $395.66.
The Chairman stated that a majority of the members
of the Board had viewed the property and agreed that
this particular parcel of land is very swampy and in its
present condition no benefit has accrued to the land.
Upon motion of Mr. Gay, seconded by Mr. Nickerson
it was voted to authorize the Chairman to write Miss
Willard to find out whether or.not she would-be willing
to enter into an agreement such as that prepared by
Mr. Wrightington for Mr. Sullivan.
Mr. DeFoe informed the Board that he had received
a request for a change in the sewer betterment assess-
ment levied against Mr. Carlson's property on Castle
Road. He explained that Mr. Carlson is the only individual
owning property on this Road other than Mr. Baskin. 'He
contends that he has not been properly assessed. Mr.
DeFoe was instructed to obtain further information re-
lative to the sewer on Hayes Avenue and report next week.
At 7:40 P. M. Mr. Ciriaco Cataldo met with the
Board relative to the sewer betterment levied against -
his property on BOW Street. He said that he did not sign
the application forthe installation of the sewerand
his betterment amounts to $518.40. He stated that if
a house were built on the land it would not be possible
to have a laundry in the cellar.
Mr. Cataldo said that he had no intention of dividing
his farm land into house lots.
The Chairman asked if he would be willing to enter
into an agreement whereby the assessment would be abated
but in the event he disposed of the property or subdivided
it, the assessment would then become payable to the Town.
Mr. Cakaldo said that even if the land were divided this
particular area could not be used.
The Chairman said that the Board would consider the
matter further and contact Mr. Cataldo some time about
the middle of January.
Mr. Cataldo said that he would leave it up to the
Board and retired at 7:55 P. M.
The Chairman read a letter from Miss KatherineT.
Leary, 45 Waltham Street stating that she is not satisfied
with the condition of her property as a -result of the
Waltham Street widening project.
Mr. DeFoe informed the Board that he has already
discussed this with Town Counsel. The Chairman instructed
Mr. DeFoe to contact Mr. Lynch again to find cut the
status of Miss Learyts claim.
The Chairman read a letter'from Paul J. McCormack,
representing Mrs. Rosabel Smart, stating that Mrs. Smart fell
over a guy wire attached to a snow fence on Waltham Street
and sustained a broken leg.
Mr. DeFoe told the Board that he had sent the Town
Counsel a copy of Mr. McCormack's letter.
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The Chairman read a letter from Mr. DeFoe requesting
a transfer of $1;000 for the Road Machinery Account.
He asked Mr. DeFoe if he would have any objection to Transfer
the Board being very frank with the Appropriation Committee
and request a transfer of only $500 with the understanding
that an additional amountwill be requested if any substantial
emergency repairs become necessary. Mr. DeFoe had no
objection.
Mr. DeFoe retired at 8:03 P. M.
Items acted upon by Mr. Emery and Mr. DeFoe, Monday
morning, December 19th.
a. Request by Dr.'Crumb to have pond on Pelham Road opposite
Eliot. Road flooded.
b. Request to change street number for 19A.0akland Street.
Approved if all properties beyond 19A are willing to
change their numbers at no expense to Town of Lexington.
c. Report on markers for hydrants. Will report when.com-
plete information is available.
At 8:03 P. M. bids were opened on two-way mobile radio
equipment. Chief Rycroft, Deputy Chief Cook, Engineers Lewis Two-way
and Littlejohn and five other persons were present. mobile
radio
Link #1 $3972.00 #2 $3947.00 equip-
R.C.A. 4170.00 ment
Motorola 4191.77
Raytheon #1 3739.47 #2 3271.41 (not final)
Harvey 3985.70
Mr. Anderson, representing the Motorola company questioned
the bid received from Raytheon and stated that it was not a
complete bid.
The Chairman asked if the Raytheon bids conformed to the
specifications and the company representative replied that
they did with two exceptions.
Mr. Grady, representing the Link radio stated that the bid
submitted by Raytheon was incorrect.
Mr. Chairman explained that the Board would consider the
bids and confer with the engineers and arrive at some decision
within two weeks.
The group, with the exception of the Chief of Police and
the engineers, retired.
Mr. Lewis said that he and Mr. Littlejohn have opinions
which they can't verify until they see the specifications. He
said that he did not think the Raytheon Company should be un-
duly penalized because the Link representative had the fore-
sight to call the engineers and Raytheon did not. He said that
Raytheon is very anxious to get the job, but the engineers are
not sure that their equipment is the best for the town; even if
the bid,is lower. They have bid on equipment in stock and he
492
Police
said he thought it inadequate. It may be all right today
but be obsolete two years from now.
The Chairman, with the approval of the Chief of Police,
gave the bids to the engineers who agreed to analyze them and
report to the Board after January lst.
The group retired at 8:25 P. M.
Certification of the Boards requisition for three
permanent patrolmen was received from the Vivision of
Civil Service.
The Clerk was instructed to request an extension
of time and to make en appointment for those on the -
list to meet with the Board on Tuesday evening, December
27 for interviews.
Mr. Leland H.'Emery, Chairman of the Board of Assessors,
met with the Board. A general discussion was held relative
to various matters such as pdrsohnel, budgets, policy, etc.
Assessors Mr. Emery submitted his resignation as a member of the -
Board of Assessors and the Chairman asked him if he would
retire for a few minutes which he did.
The Chairman then polled the Board and -the Selectmen
were unanimous in the decision that -the present Board of
Assessors should remain in office, and therefore,.. did not
accept the resignation.
Mr. Emery returned to the meeting -and the Chairman
informed him of the Board's decision.-Mr.Emery agreed -
to discuss the subject of compensation -with his Board
and write'to the Selectmen or make an appointment to meet
with them.
Mr. Emery retired at 9:35 P. M.
Miss Joan Gindorf, reporter on the Leader, met with
the Board.
She stated that she had consulted the Clerk of the
Parking Board, Superintendent of Public Works and Town Counsel
Meters relative to parking meters. She -said that Mr. DeFoe had
told her that the company has been decided upon and asked
if the Board was ready to -release the name..
The Chairman explained that the exact meter has been..
selected but the Board would rather wait until a contract
has been signed before any publicity is given to the name of
the concern.
Miss Gindorf asked if the figure of $60 for the meters
is correct and the Chairman replied that it is about right
and -if Mr. DeFoe told her, it is no doubt correct.
Miss Gindorf asked if the State had approved the
parking meters and the Chairman said that he would have the
answer for her in the morning.
• She asked if the streets, other than Massachusetts Ave-
nue, had been decided upon and the Chairman replied that
there is still some question about one or two streets. The
layout has been submitted to the State, but the Board might
decide to eliminate some of the proposed locations.
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493
The Chairman inquired, as did Mr. Gay, as to the
purpose of the interview. Miss Gindorf explained that
she intends to do a story on parking meters and would
like to know, at the. present time, what steps are re-
quired before the meters are installed, where the pro-
gram stands now, and what has to be decided.
The Chairman explained that the Board must obtain'
formal approval of the contract, sign the contract and,
he presumed, a vote of the Board -instructing the company
to proceed with the installation. However, before such
a vote is passed the Board would like to again consider
two or three proposed locations.
Miss Gindorf asked if the company had been decided
upon before the petition was filed in November and the
Chairman replied in the affirmative.
Miss Gindorf retired at 9:50 P. M.
Mr. 'William G. Potter, of the Planning Board, met
with the Selectmen.
He reported that Mr. Gustave Larsen and his attorney,
Mr. Peters, met with the Planning Board and he 18 -agree-
able to all the conditions outlined by the Planning Board
and is willing to pay his share of the cost of installing
water in Oak Street. Mr. Larsen has agreed to deed,to
the town a forty foot strip of land for a street, to be
a connecting link between Hillside Avenue and Oak Street. Oak
Mr. Potter said that Mr. Larsen definitely does not Street
expect the street to be constructed now and the Planning
Board did not guarantee anything as to when it might be
built. He will also deed to the Town a tenfoot strip
of his land, which varies in width from three to eleven feet,
as needed to make Oak Street forty feet wide. He will have
three lots of his own land on the street and agreed to
pay the betterments when the street is built.
$� Mr. Potter explained that the retaining wall is
definitely out, and no agreement will be made to con-
struct sidewalks. The Planning Board did, however, tell.
Mr. Larsen that they would ask the Selectmen to give him
priority on the water in the spring. Mr. Larsen will pay for
all the water that the Town installs from now on. He
said that he thought the Town Counsel should prepare the
agreement.
The Chairman said that the Selectmen had told Mr.
Larsen that if he would give the Town the ten foot strip
and record the land the Planning Board wanted, the Select-
men would put the water on the priority list. He requested
the Planning Board to have the necessary documents prepared
by Town Counsel for the Board's signature.
Messrs. Cromwell, Adams and Couette arrived at the
meeting.
Mr. Potter mentioned that he thought the Selectmen,
Planning Board and Board of Appeals should meet to discuss
the numerous violations of both the -Zoning and Building
By-laws. He said that considerable time and thought has
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Long Range
Planning
Committee
Report
been given to the preparation of new Zoning By-laws and he couldn't
see the sense to them if they are not to be enforced. He
suggested that the Boards decide who, is going to enforce
the rules and regulations of the Town.
The group, with the exception of Mr. Adams, retired
at 10:20 P. M.
He informed the Board that the Long Range Planning
Committee is preparing a report and feel somewhat that
a copy of the report should be sent to every registered
voter. The problem, at the present time, is obtaining
money to have the report printed and mailed, and the top
figure, which is more or less. a guess, is $1200.
The Chairman asked if the Committee is unanimous in
recommending distributing copies to every voter and Mr.
Adams said they thought it was a good idea. The Committee
feels that it should be a. written report and not give
verbally at Town Meeting. He said that to print 300
copies would cost possibly $300.
The Chairman said that his reaction would be to send it
to the Town Meeting Members and have. it printed in the
local paper.
Mr. Hoyt suggested that the Selectmen find out whether
or not the Appropriation Committee would approve of the
Planning Bowed financing the cost of. the reports.
Mr. Adams retired at 10:35 P. M.
Chairman Patterson and Mr. Cleveland of the Appropriation
Committee met with the Board.
The Chairman of the Board of Selectmen explained
about the Long Range Planning Committee Report and said,
that the Selectmen do not feel particularly sympathetic
toward sending the report to every registered voter but
rather to the Town Meeting Membdrs and possibly having
it printed in the local paper. He said that the question
came up as to whether it would be proper to utilize part
of the Planning Board's unexpended balance for this pur-
pose.
Mr. Patterson said that the Appropriation Committee
report is double the, thickness of what this report will
lie and it cost $700 for mailing and printing.
�., The Chairman asked if the Appropriation Committee
would be in favor of sending it to every registered -voter
If it could be done for $500, and Mr. Cleveland replied
that the Committee felt there is enough educational value
in the report that it should be sent to the voters and it
would be worth the money.
The Chairman asked, assuming that the Selectmen vote.
to recommend a transfer from the Reserve Fund, or have the
cost paid from Planning Board funds, how the money could
be kept from lapsing.
Mr. Patterson replied that bids and a bonafide con-
tract would have to be obtained. He said that his Committee
would be agreeable to transferring $500.
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The Chairman said that he did not think the Selectmen
ehould enter the picture at all and Mr. Cleveland asked
if they shouldn't at least make a recommendation.
The Selectmen were of the opinion that this is
something not within their jurisdiction but were in sym-
pathy of having the report mailed to all registered voters
if it could be done for $500.
Messrs. Patterson and Cleveland retired.
Letter was received from Mr. Lynch, together with
a letter from the Continental Casualty Company relative
to Bond No. 708750, A D. Daddario to Town of Lexington.
Mr. Lynch asked tohave the copy signed by at least three
members of the Board and r, turned to him.
Mr. Driscoll moved that -the communication be signed
and returned to Town Counsel. Mr. Nickerson seconded the
motion and it was so voted.
Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was
voted to grant the following licenses.
Edgar J. Thivierge 1752 Mass. Ave. Common Victualler (renewal)
John J. Donato 18 Mass. Ave. Peddler (new)
Fred N. Viano 1794 Mass. Ave. Sunday Movies
Licenses to be signed !Approved by Alcoholic Beverage Commission)
Joseph Trani, Inc.
John J. Rudd
German's Market, Inc.
1757 Mass. Ave.
1849 Mass. Ave.
12 Mass. Ave.
Package Goods Store
11 11 tt
it It it
495
The Chairman read a letter from Officer Henry H. Harvey Harvey
requesting retirement. Mr. Harvey said in his letter that retirement
due to illness he will no longer be able to perfomm his
duties as a Police Officer.
Mr. Driscoll moved that Dr. Harold J. Crumb be appointed
to serve on the Medical Panel, required by law, to examine
Officer Harvey for ordinary disability retirement. Mr.
Nickerson seconded the motion, and it was so voted.
Letter was received from Mr. Edwin B. Worthen advising
that on October 19, 1849 there was on deposit in the Lex-
ington Savings Bank, under Trustees of Public Trusts, Cemetery
Funds, a total principal of $24735. represented by 226 se-
parate accounts.
Letter was received from Commissioner Long establishing
the sum of $54,200 for the indemnity bond of the Treasurer
for 1950 and $54,700 for the Tax Collector.
Upon motion of Mr. Hoyt, seconded by Mr. Gay it was Treasurer
voted to establish the sum of S54,200 as the amount not less &
than which the 1950 bond of the Treasurer shall be written Collector
and to establish the sum of $54,800 as the amount no less than Bond
which the 1950 bond of the Tax Collector shall be written.
496
Transfer
Memo was received from the Clerk advising that it is
necessary to secure a transfer of $2210 to pay outstanding
bills in the Law Depargment - Special Fees Account. The
Chairman had itemized" bills representing this amount.
Mr. Hoyt moved that the Appropriation Committee be
requested to transfer the sum of $$2210 from the Reserve
*kind to the Law Departmea - Special Fees Account. Mr.
Nickerson seconded the motion, and it was so voted.
Statement was received from the State Department -of
Public Works relative to the agreement dated August 16,
Chapter 1949, Chapter 90, Grove Street (guard rail).
90 Upon motion of Mr. Gay, seconded by Mr. Driscoll, it
Guard railwas voted to sign the statement, which had been approved
---by the Suptt. of Public Works, and return it to the
State Department of Public Works.
Letter was received from the Town Clerk adtisiag that
the following individuals have been appointed by the
Moderator to serve on the Elementary School Building
William M. Hall •
Donald N. Fifield
Frederic K. Johnson
H. Webster Thomas
Ernest Cutter
Appropriation Committee
Capital ()Utley Committee
Planning Board
Sehool'Committee
Resident at large
It was decided to meet with the Long Range Planning
Committee on Thursday evening December 29, 1949 at 7:30 P. M.
The next regular meeting'of the Board wilbbyheld on
Tuesday evening, December 27, 1949.
The -meeting Adjourned at 11:20 P. M.
A true record, attest.
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